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Full-Text Articles in Intellectual Property Law
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis
Articles by Maurer Faculty
In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …
Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich
Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich
Articles by Maurer Faculty
No abstract provided.